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Research Note no. 4 2005–06
Timetable for the next Australian elections
Rob
Lundie
Politics and Public Administration Section
30 August 2005
The Commonwealth
The rules
While the calling of an election is partly a matter of political judgement
and timing, a constitutional and legislative framework governs the electoral
timetables and processes. The Constitution requires periodic elections for
both Houses of Parliament, with separate provisions reflecting the different
constitutional role of each House. The maximum term of the House of Representatives
is set by s.28 of the Constitution, which states that
every House of Representatives shall continue for three
years from the first meeting of the House, and no longer, but may be
sooner dissolved by the Governor-General
The Commonwealth Electoral Act 1918 provides the following timetabling
provisions for elections:
- writs to be issued within 10 days from the expiry of, or proclamation
of the dissolution of, the House of Representatives (Constitution s.
12, 32) (s. 51 of the Act)
- electoral rolls close seven days after the issuing of the writs (s.155)
- nominations of candidates close not less than 10 days or more
than 27 days after the date of the writs (s. 156)
- the polling day shall not be less than 23 days nor more than
31 days after the date of nomination (s. 157)
- the election must be held on a Saturday (s. 158), and
- the writ must be returned no more than 100 days after the issue
of the writ (s. 159).
The time allowed from the expiry or dissolution of the House to polling
day is therefore not less than 33 days and not more than 68 days.
The next House of Representatives election
A House of Representatives election can be requested at any time but if
the Government has control of the House, the Governor-General is highly
unlikely to accede to such a request within the first year of a new parliament.
To calculate the latest possible date of the next election, the maximum
number of days specified must be applied. The last possible date for the
next election is within 68 days from the expiry of the House. As the
41st Parliament first met on Tuesday, 16 November 2004, it is
therefore due to expire on Thursday, 15 November 2007. The election
for the House of Representatives must therefore be held by 19 January 2008,
the last Saturday within this period. However, an election may be held
at any time before that date, and, generally, elections are called well
before there is a constitutional or legal necessity. There has been only
one instance of an election being held after a parliament expired through
effluxion of time. This occurred in 1910. In recent times, Prime Minister
William McMahon has gone closest to a full-term parliament, dissolving the
House after two years, 11 months and 8 days. Furthermore, it is
highly unlikely that the next election will be held in January because campaigning
would occur during the Christmas/New Year holiday period. No election has
been held in January; the latest an election has ever been held in a calendar
year was on 19 December 1931. Therefore, the latest practical date
for the next election would be Saturday, 15 December 2007. The next
half-Senate election
Unlike the House of Representatives, the Senate is a continuing body. Half
the State senators retire on 30 June every three years, except in the case
of a simultaneous dissolution of both Houses. Section 13 of the Constitution
requires that an election be held within one year before the places become
vacant. The terms of senators for the territories coincide with those of
the House of Representatives. There is no constitutional requirement
that elections for the House of Representatives and the Senate be held simultaneously,
but they are generally held together, primarily to avoid the duplication
of costs in holding separate elections and because it is felt that voters
would not look kindly upon a government that called separate elections.
If the elections for the House of Representatives and half the Senate are
to be held simultaneously, the date must conform with the constitutional
provisions relating to the terms of senators and the period during which
the election must be held. The terms of senators elected in 2001 expire
on 30 June 2008. Therefore, in theory, the next half-Senate election
must be held between 1 July 2007 and 30 June 2008. However,
because a half-Senate election effectively cannot be held in July, the earliest
possible date for such an election is Saturday 4 August 2007. (1)
The latest realistic date for a half-Senate election is Saturday 24 May
2008. This is to allow sufficient time for the Senate writs to be returned
by 30 June 2008, so that the senators may take their seats on 1 July.(2)
The next simultaneous election
As House of Representatives and half-Senate elections are usually held together,
the earliest date for a simultaneous election would be Saturday, 4 August
2007. Although the latest possible date for a half-Senate election is
31 May 2008, the latest possible date for a simultaneous (half-Senate
and House of Representatives) election is the same date as is required for
the House of Representatives, 19 January 2008. The next double dissolution
election
| Commonwealth: next
election dates |
| |
Last
election |
Earliest
date |
Latest
date |
| Simultaneous
half Senate and House of Representatives |
9
October 2004 |
4
August 2007 |
19
January 2008 |
| House
of Representatives |
|
|
19
January 2008 |
| Half-Senate |
|
4
August 2007 |
24
May 2008 |
| Double
dissolution |
|
|
21
July 2007 |
Source: Australian Electoral Commission
Section 57 of the Constitution provides that both Houses may be simultaneously
dissolved should there be a legislative deadlock between them. A deadlock
occurs only when a three month period has elapsed between when the Senate
rejects a Bill and the House passes it a second time.(3) Once
these conditions have been met, a double dissolution election can be called
at any time, except that a dissolution cannot occur within six months of
the expiry date for the House of Representatives (15 November 2007). This
means that the last possible date for the dissolution of both Houses is
Tuesday, 15 May 2007. As the usual timetabling requirements apply,
the latest possible polling date for a double dissolution election is Saturday,
21 July 2007. It should be noted that because the Government has control
of the Senate from 1 July 2005, a disagreement between the Houses creating
conditions for a double dissolution election is highly unlikely to occur.
The states and territories
Each state and territory has its own provisions as to when elections are
held. The table below sets out (where applicable) the earliest and latest
dates on which the next elections can be held. There are usually exceptional
circumstances in which early elections can be called and they vary slightly
from parliament to parliament. They include such things as the government
losing the confidence of parliament, parliament failing to pass a money
bill for the ordinary services of government, parliament failing to pass
a ‘Bill of special importance’ on two occasions, the date of the election
clashing with the date for the Commonwealth election, or if there is a natural
disaster. South Australia: The South Australian House
of Assembly has a fixed term. According to the Constitution Act 1934
(s. 28) elections are held on the third Saturday in March every four
years.
Tasmania: The Constitution Act 1934 (s .23) stipulates
that the Tasmanian House of Assembly has a four-year term. The election
date is not fixed. The Electoral Act 2004 governs the process of
elections.
Victoria: As a result of electoral reform in March 2003,
the Legislative Assembly has a fixed four-year term. Barring exceptional
circumstances, elections will be held on the last Saturday in November
every four years (see Constitution Act 1975 s.38 and s.38A).
New South Wales: The NSW Legislative Assembly has a fixed
term. The Constitution Act 1902 (s.24A) provides for elections
to be held on the fourth Saturday in March every four years.
Queensland: The Queensland Legislative Assembly has a three-year
term, but the election date is not fixed. This is determined according
to a process outlined in the Electoral Act 1992 s. 80.
Australian Capital Territory: The ACT Legislative Assembly
has a fixed term. The Electoral Act 1992 (s. 100) decrees
that elections are held on the third Saturday in October every four years.
If the date clashes with the Commonwealth election, then it must be deferred
until the first Saturday in December.
Western Australia: The Constitution Acts Amendment Act
1899 (s. 21) determines that the WA Legislative Assembly has a four
year term but the election date is not fixed. The Electoral Act 1907
(s. 71) outlines the process for determining the election date.(4)
Northern Territory: The Northern Territory (Self-Government)
Act 1978 (s.17) determines that the NT Legislative Assembly has a
four year term. The election date is not fixed but an election must not
be held within three years after the first meeting of the Assembly. The
election process is governed by the Electoral Act 2004.
| States and territories:
next election dates |
| |
Most recent |
Earliest date |
Actual/Fixed |
Latest date |
| SA |
9
February 2002 |
|
18
March 2006 |
|
| TAS |
20
July 2002 |
|
|
23
September 2006 |
| VIC |
30
November 2002 |
|
25
November 2006 |
|
| NSW |
22
March 2003 |
|
24
March 2007 |
|
| QLD |
7
February 2004 |
|
|
5
May 2007 |
| ACT |
16
October 2004 |
|
18
October 2008 |
|
| WA |
26
February 2005 |
21
June 2008 |
|
28
March 2009 |
| NT |
18
June 2005 |
5
July 2008 |
|
27
June 2009 |
Source: State and territory electoral offices/commissions
- See Scott Bennett, ‘Restrictions on the Timing of Half Senate Elections’
Research Note, no. 38, Department of the Parliamentary Library,
Canberra, 2002.
- The Australian Electoral Commission advises that since the last three
elections have been held with data punching of the ‘below-the-line’
Senate ballot papers, polling day could be as late as 24 May 2008 and
still allow sufficient time for the Senate writs to be returned by 30
June 2008.
- A critical consideration affecting the timing of any double dissolution
is the date from whence is calculated the three-month interval. Although
some aspects of s. 57 remain unclear, a majority of the High Court held
in Victoria v The Commonwealth and Connor (1975) 134 CLR
81 that the three-month interval commences on the date on which the
Senate rejects or fails to pass the Bill. (The High Court has not expressed
a definitive view as to the commencement of the three-month period in
which the Senate passes a Bill with amendments ‘to which the House will
not agree’.)
- Whilst in theory the latest date would be 16 May 2009, the most likely
latest date would be 28 March 2009 so as to avoid the Easter holiday
period, local government elections and a lengthy election campaign.
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